How has the Anti-defection Law impacted the relationship b/w political party & individual rights in India? In the light of recent examples also discuss the unintended consequences it has on functioning of democracy in India.
Main Body
gets disqualified to become minister or hold any remuneration post. (19 CAA) Unintended Consequence: (1) Resign & Reelected: In many States members resign from one party leading to toppling of government. These members get reelected in by-elections & enter house from opposition parties ticket, for eg., Madhya Pradesh. (2) Merger: ADL allows for merger of 4 legislative party (2/3 member) to evade defection for eg., in Goa, 10 out of 15 MLAs merged with ruling party & availed defection. (3) Speaker: not deviding the plea on time for eg., Manipur MLAs. (4) Governary: Not deviding majority on the floor of the house, cg., Maharashtra. (5) Judiciary: Not punishing MLA of Karnataka assembly dispute clear cut violation.
gets disqualified to become minister or hold any remuneration post. Reforms: (1) Kirshop Wilton Law: Speakers devising is subject to judicial review. (2) Keisham NG neglected Case: Speaker should devide matter in 3 months. (3) Dinesh Goswamy case: Direction of whip should be binding on members only when stability of government is in question. cg., No cg., Manipur issue. (4) An independent tribunal to devide disqualify. (5) Amend ADL to fill loopholes. ADL's original purposes have been lost & it should be subsumed on clean footing basis to uphold democracy is true aim.
Conclusion
ADL's original purposes have been lost & it should be subsumed on clean footing basis to uphold democracy is true aim.
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Abhishek Singh
Salient Features of the Representation of People's Act
Anti-defection Law
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